Insights
Legal commentary, publications and case law from the world of basketball.
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Featured
Arbitration at the
Basketball Arbitral Tribunal (BAT)
Legal procedures are complex. And although the BAT is designed to keep procedures quick, simple and cost effective, it helps when you know how the BAT operates. This goes for the formal aspect of the procedure, but also for the merits of the case.
After all, the BAT is not bound by national laws or even FIBA regulations. BAT operates under the legal principle ex aequo et bono, which basically means that arbitrators can render a verdict on the basis of what they feel is just and good. However, the BAT is bound by principles of international law and by means of consistent decision making, the BAT created true basketball laws.
Latest Articles
Recent updates on basketball law
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When Clubs Don’t Pay: Salary Claims in Basketball
In professional basketball, the most fundamental obligation of a club towards a player or coach is simple: pay the agreed remuneration. While this may sound self-evident, payment disputes remain among the most common issues brought before the Basketball Arbitral Tribunal (“BAT”). Over the years, BAT jurisprudence has developed a substantial body of principles governing salary…
Publications
Peer-reviewed articles & authored work
Sports law & Taxation journal (2024/11)
From the Pitch to the Court
This article is written by mr. Nick Poggenklaas and the talented football lawyer Sophia Grippo. The authors analyze the way in which the FIFA DRC and the Basketball Arbitral Tribunal (BAT) deal with disputes revolving around medical examinations and visa requirements (thus with the most common conditions precedent in employment contracts in professional sports). The authors compare the different approaches taken by the dispute resolution bodies and try to explain them, but dare not really say which approach would be “best”.
Sports law & Taxation journal (2024/5)
A legal jump ball: analyzing the role of conditions precedent in employment contracts
In this contribution sports lawyer Nick Poggenklaas analyses the way in which the Basketball Arbitral Tribunal, a arbitration tribunal that applies the principle of ex aequo et bono, deals with disputes related to common conditions precedent in basketball contracts.
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